Jury Nullification: Our Secret Weapon

A couple weeks ago there was a small victory for proponents of jury nullification, as a judge dismissed an indictment against a man accused of jury tampering for passing out pamphlets about jury nullification in front of a courthouse. This was only the second time I’d even heard about the subject, and as I learned more about it I thought I should do my part to draw more attention to it. I’m not an expert, but I want to share what I’ve learned.

Jury nullification is an important tool that has been used by everyday American citizens against an unjust government for hundreds of years. It’s a tool we still have today, though efforts have been made to hide its existence, and we may need it now more than ever. The good news is it can’t be taken away; we just have to know how to use it when the opportunity arises.

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Defining the terms “Liberal” and “Conservative”

Hello, readers, I would like to introduce the well-educated and thoughtful Nick Sacco. Prepare to learn something today. – Joshua

As the quest for a Republican candidate for the 2012 Presidential election continues to roll on – although we are getting closer to the end – sharp debates have taken place between each of the candidates over who should be considered the “most conservative” nominee. Who has the best credentials? Who will appease the Tea Party? Who will reject President Obama’s calls for “change” and restore the role of the federal government back to its supposedly “conservative” roots? These sorts of questions have arisen during every GOP primary over the years, albeit with different politicians and different social, cultural, economic, and political questions to solve. However, the question of who best embodies the conservative principals of the Republican Party has been of fundamental importance when picking a presidential candidate for at least the past 60 years. In order to truly understand what exactly it means to be “conservative”, perhaps we should take a moment to analyze how the term has been used historically, along with the term “liberal”, so that we can not only better understand how each of these words has shaped our modern political culture, but to provide an opportunity to consider how we can use these words within a more accurate context to provide for more fruitful political discussion in the future.

The concepts of liberalism and conservatism have taken many different forms and names ever since men have formed governments to regulate their respective societies, but a good starting place to understand each term in a modern context would be 17th Century England. During the English Civil War of 1642-1651, fundamental questions regarding the proper role of the monarchy and parliament in dictating executive governmental policy – and who would ultimately have the last say in these matters – led to massive bloodshed between the “Roundheads”, who supported efforts to establish parliamentary superiority, and the “Royalists”, who supported the absolute power of the monarchy in deciding political matters. The Roundheads ended up winning, leading to the abolishment of the English monarchy altogether. However, by 1660 Charles II had been inaugurated as King, returning monarchial rule to England.

During the English Civil War, a group of citizens dedicated to what would later be considered “liberal” political positions began organizing and identifying themselves as “Levellers”. The Levellers made clear their dislike for the machinations of the English monarchy and their desire to reform many aspects of the government. While they did not all conform to one unified platform, the Levellers advocated such positions as religious toleration, low taxes, extended suffrage, freedom of the press, and equality before the law. These positions were not very popular with either the Roundheads or the Royalists, and the movement died by the end of the war, but a solid “liberal” position advocating limited government and the restoration natural rights had been established within English society.

Several years later, during the Glorious Revolution of 1688, a much different movement – one that dedicated itself to preserving the rule of the monarchy and upper classes of England – began to emerge in response to the increasingly liberal tendencies of the English people.

Historian William C. Davis described this “conservative” movement as such: “The slow spread of rights and opportunity and the growing power of national legislatures [following the Glorious Revolution] posed an ever greater danger to the aristocrats’ status quo.” Thus, conservatives established themselves as defenders of the King’s throne, using their power to maintain order and stability in society via the concentration of power within the upper classes of British society. While conservatives, much like the Levellers, didn’t have a cohesive political party to promote a uniform set of policy objectives, they all unified behind the idea of monarchial supremacy and upper class political privilege.

Throughout the 18th and 19th centuries the terms “liberal” and “conservative” became more clearly defined political concepts. Those who supported conservative ideals generally advocated positions that more firmly entrenched the power of governments throughout the world to control the actions of their subjects, especially those of the middle and lower classes. These positions included the protection of upper-class property, limiting the right to vote to those with substantial wealth and/or property, state churches (such as the Anglican Church in England), mercantilist economic policies that promoted monopolies within staple ports and discouraged free trade, restrictions on free speech and free press, strong militaries, and centralized government. Royal families such as the Stuarts of England, the Bourbons of France, and the Hapsburgs, who controlled many different parts of Europe over hundreds of years, reigned throughout the 17th and 18th centuries with the avid support of conservatives. During the 19th century, conservatives dominated the Congress of Vienna following the fall of Napoleon, promoted the maintenance of large empires such as the Austrian empire, and resisted the various nationalist uprisings that attempted to bring democratic reforms throughout the world.

Liberalism was a response to these conservative policies and the absolute monarchies that benefited from them. Expanding on the ideals of the Levellers, liberals called for the promotion of natural rights and limited government that focused on the preservation of life, liberty, and property. During the 18th century, liberals called for the removal of monarchial governments and the implementation of representative government, leading to revolutions in America and France, among other countries. Liberals in the 19th century supported nationalist movements throughout the world that promoted self-determination; the right of a people to determine what sort of government they wanted. They also supported expanded voting rights for all classes, regardless of wealth and property, free markets, and the abolition of slavery in favor of free labor. A few radical liberals went so far as to advocate the complete removal of government or supported fringe movements such as women’s rights.

However, the term “liberal” took on a new meaning in the 20th century. As David Boaz explains in his book The Libertarian Reader, liberalism “had come to mean advocacy of big government: high taxes, the extension of the state into the realm of civil society, and massive intrusion into the personal choices of individuals.” There are many reasons why this occurred, but one worth mentioning is the ascension of the Progressive movement in the late 1800s and early 1900s. The movement held that pragmatism was central to proper governance; as society evolved, government should alter its function and practice to meet the needs of contemporary society. Some of the Progressives’ positions included the end of government corruption, to be replaced with the idea of a “positive government” under the control of the federal government, regulation of industry, trust busting (the removal of monopolies), prohibition, and the implementation of the first national income tax via the 16th amendment. The term “liberal” showed signs of a definition change when former President Teddy Roosevelt – running in the 1912 Presidential election as a progressive against his former friend William Taft after a divisive split over political views – branded Taft as being too “conservative” and himself as the proper “liberal” candidate to lead the nation going forward.

Thus, from the Progressive movement to the present day, liberalism has experienced a profound shift in its definition. Outlining the policies of the Democrats and Republicans is beyond the scope of this essay, but it doesn’t take long to see examples of 20th century liberalism in both parties, from the Democrats promotion of an individual mandate in the Affordable Health Care Act that would force all U.S. citizens to purchase healthcare, to the Republicans promotion of an aggressive, interventionist foreign policy and the support of some of its members for a constitutional amendment banning gay marriage, even if a state were to legalize it.

With this in mind, it is no surprise to discover that throughout the pre-20th century world distinguished thinkers such as John Locke, Adam Smith, Thomas Paine, Alexis De Tocqueville, and John Stuart Mill considered themselves liberals, dedicated to promoting liberty and freedom for all individuals. Some 20th century intellects such as F. A. Hayek and Milton Friedman also considered themselves liberals, even after the term dramatically changed in meaning. Hayek explained in an essay that he was a liberal because of his support for spontaneous order and its ability to lead to natural progress within society without the use of coercive measures against individuals. “Order”, explained Hayek “appears to the conservative as the result of the continued attention of authority”, as opposed to the liberal who finds order out of individuals working within the free marketplace of ideas.

Should we consider redefining the terms “liberal” and “conservative” to fit the definitions used in past centuries? Ultimately, we can use the actions of past thinkers to help guide our intellectual thought today, but we must engage in useful discourse with our eyes focused on our current political situation while also considering the circumstances of our future. Perhaps it would be useful to have the Republican Presidential candidates of 2012 debate amongst each other who is the most liberal, but it could be equally fruitful to devise an altogether new term that better defines the unique political issues of contemporary society. More than anything, this discussion reminds us of two truths. Firstly, it reminds us that words have distinct meanings, but that these meanings sometimes change over time. If one were to do a quick brainstorm of common words used in 19th Century America, he or she could probably find a few words – quite easily, in fact – that are still used today, but have changed in meaning. Secondly, it reminds us that what is considered “liberal” and “conservative” changes over time, sometimes quite often. For example, most conservatives today have expressed their support for upholding the Civil Rights Act of 1964; however, support for that act back in the 1960s and 70s would have branded you a liberal, a “socialist”, or worse.

In conclusion, let us look at a recent attempt at definition-making. The Encyclopedia Britannica defined one of these aforementioned political terms as such:

“[a] political doctrine that takes the abuse of power, and thus the freedom of the individual, as the central problem of government.”

Which term is it? The Encyclopedia defined “liberalism” in this manner, but it would be safe to say that both liberals and conservatives today would argue that their respective movements embody this principle. It remains to be seen whether one of these terms, or a new one altogether, will properly represent this definition in the future.

Why Can’t We Have 32 Libertarians In Congress?

six-percent-libertarian-congress

An Introduction to Proportional Representation

Six percent of Americans in a recent Reason poll identified as Libertarian. It’s hard to know how reliable that is, but there are a collection of other polls claiming anywhere from 2% to 15%, so that seems like a reasonable middle ground. Let’s say 6% of Americans really are libertarians. Now libertarians can vary in ideology as much as Republicans and Democrats, but let’s assume that if you call yourself a libertarian you are more aligned with the platform of the Libertarian Party than the Republican or Democratic parties. If libertarians were represented in Congress according to their numbers, the Libertarian Party could have 26 members in the House of Representatives and 6 in the Senate. Instead, there are zero.

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The Downside of “Made In China”

A few weeks ago my wife and I looked into buying a fire pit. We did some research and read reviews on websites like Amazon, Lowe’s, and Walmart, but eventually we got “reviewer fatigue” (pretty much all of them had lovers and haters) and just picked one that looked decent in our price range: The $79 Garden Treasures 35″ Black Steel Wood-Burning Fire Pit, made in China and sold at Lowe’s.

We brought it home, put it together, and immediately returned it.

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What Makes Health Insurance Different From Broccoli?

When the Supreme Court heard arguments about Obamacare last week, one of the chief issues was whether or not the federal government has the authority to require people to purchase health insurance. The government believes it has this authority under the Commerce Clause.

But it’s one thing to say the government can regulate people already engaged in economic activities. It’s quite another to say that the government can force people on the sidelines to get involved. If the federal government can make people buy health insurance, what else can it make us buy? From the transcript:

JUSTICE KENNEDY: Well, then your question is whether or not there are any limits on the Commerce Clause. Can you identify for us some limits on the Commerce Clause?

Donald Verrilli and the justices argue this point for awhile, talking about why the government can’t also make you buy cars or cell phones or broccoli. The broccoli argument took center stage, showing up again later:

ANTONIN SCALIA: . . . could you define the market — everybody has to buy food sooner or later, so you define the market as food. Therefore, everybody’s in the market. Therefore, you can make people buy broccoli.

The broccoli argument is such a big deal because 87% of Americans think a broccoli mandate would be unconstitutional (8% Constitutional, 5% Don’t Know/Refused).

Let’s ignore the fact that there are apparently millions of Americans, presumably with the right to vote, who believe that forcing Americans to buy broccoli would actually be constitutional. The vast majority of Americans reject such a notion, so proponents of Obamacare have a vested interest in explaining why broccoli is different from health insurance. Meanwhile, opponents of Obamacare (such as myself) have a vested interested in explaining why they are the same, and that the broccoli argument is just a more obvious example of the underlying reasons that make Obamacare wrong, too.

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My Cautious Defense of Ron Paul’s Military Base Policy

I mentioned about a month ago that I had an opportunity to do a guest post on Classical Values explaining why I’m not as afraid as Simon is of removing our troops from our military bases around the world. Well, I finally got it written and Simon posted it yesterday. Here it is!

Excerpt:

The United States has almost 40,000 troops in Japan. But the Japan Self-Defense Forces have over 247,000 active troops and the country’s military expenditures rank 7th worldwide. We have over 53,000 troops in Germany. Germany’s military has over 200,000 active troops and the 6th largest expenditures in the world. I think these countries can defend the threats of non-democracies without us taking up space there and donating millions to their military budgets. As the Cold War collapsed, we closed 60% of our bases in the 1990′s, and the world did not erupt in violence. There is even less reason to believe such things would happen if we finished the closings today.

As I explain in the post, I’m not absolutely convinced that Paul’s policy is not dangerous, but I present several reasons that I am very skeptical that it is. Hope you like it.

Do the very poor have an ample safety net?

Mitt Romney got lots of attention last week for saying he’s “not concerned about the very poor” because they have an “ample safety net.” Someone on reddit’s r/moderatepolitics asked what people thought of that, and I commented but was late to the discussion and didn’t get any votes or replies. I don’t think many saw it, so I have expanded and improved my thoughts here.

What kind of safety net do the poor in America have anyway? There are food stamps. There is housing assistance. There are unemployment benefits. For health, there is Medicaid. For high school education, there are free public schools. For college education, there is financial aid.

And that’s just the government safety net – people often forget that there are voluntary communities as well, with food shelters, homeless shelters, churches, and a slew of organizations and organizers who consider it their primary mission to serve the poor, along with millions of other Americans and businesses who contribute money and time to these organizations.

Now obviously all of the opportunities mentioned above aren’t available to every one who is poor. You may run out of certain benefits, or you may not qualify for them in the first place. Additional voluntary services may not be available in your area. The demand for these services is also uneven: Some poor may simply lack opportunity or be “down on their luck,” but there are the severely handicapped or severely addicted who are unable to make wise decisions or escape their situation, and they may need more help than others. But in general a large number of the poor have a myriad of options for assistance for all of their basic needs regarding food, shelter, medical care, education, and more.

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Elizabeth Warren And The Roads

Elizabeth Warren has been getting a lot of attention on the Internet lately, inspiring progressives and infuriating libertarians with things she said in her appearance on Jon Stewart last week. I watched these three videos to try to get a sense of what was going on before realizing that the first one was from a Daily Show appearance in January 2010, not January 2012. But it doesn’t matter; it was all pretty much the same thing.

First let me say that Warren is a very smart and articulate person (she is a professor, after all), and I can see why liberals are falling in love with her (just listen to the cheers from the audience). She is very good at presenting her understanding of the problems with today’s system and her vision for fixing it, which is much different from, say, simply demagoguing your political opponents as corrupt. And since she is elevating the discourse to a level of political philosophy, and there seems a good possibility that she will continue to increase her attention at the national level (she is running for Senator of Massachusetts), I think it is worthwhile to express my severe disagreements with her philosophy.

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Are Governments Worse At Projects Than Businesses?

The L. A. Times notes the latest development in the, er, lack of development on California’s high speed rail program:

The bullet trains from Anaheim and Los Angeles to San Francisco will not cost $34 billion as originally estimated, or $43 billion as the authority insisted just two years ago, but closer to $100 billion….

The original system included Sacramento and San Diego. They are not part of this estimate. They will be added in Phase 2, and the authority does not say what Phase 2 will cost. Critics of the plan estimate the total cost at $180 billion.

It’s not at all surprising to read about a government project that is now projected to cost three times its original budget even after removing some of the original goals. Just a few days ago I was reading about NASA’s latest Mars mission being “24% over budget and… by October 2008 MSL was getting closer to a 30% cost overrun…” The CATO Institute has a dutiful article about the infamous history of government projects (though of course they prefer the more politicized phrase “government schemes”), from the Boston “Big Dig” transportation project that ballooned from $2.6 billion to $14.6 billion to a series of defense vehicles that took millions more dollars and several years longer to arrive than originally estimated.

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My New Favorite Analogy For Opposing Privacy Intrusion

I have a new favorite analogy for protesting privacy invasions that are done in the name of security, courtesy of darleen click commenting on a Volokh post about intellectual property:

I have a great way to cut down on undiscovered crime — we all must provide copies of our house keys to our local police departments and never bar them from rummaging through our homes to make sure we are law-abiding.

I mean, if you don’t have anything to hide, why should you object? The local government only has your best interests at heart…

I’ve tried to explain before why I oppose the government reading my emails or patting my genitals under the guise of defending the nation, even if I have nothing to hide. I usually try to explain this position with philosophical ramblings about how a government bureaucrat’s definition of “doing something wrong” may be different from mine, but I don’t know that I always get my point across very well.

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